For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON: To leave an animal for more than twenty four (24) hours without making effective provisions for its proper feeding and care.
ANIMAL: Any vertebrate member of the animal kingdom except humans.
ANIMAL FIGHTING PARAPHERNALIA: Equipment that any reasonable person would ascertain is used for animal fighting purposes which includes, but is not limited to:
A. Instruments designed to be attached to the leg of a bird, such as boxing gloves, knife, gaff, or other sharp instrument;
B. Items to train and condition animals to fight including, but not limited to, hides or other material used as hanging devices to strengthen and/or condition dogs, wooden sticks or handles used to pry open dog's jaws, performance enhancing drugs or substances, or food or water additives; and
C. The presence of any animal that appears to be a fighting animal alone or together with animals suspected of being used as bait animals including, but not limited to, rabbits, cats, and other dogs.
ANIMAL PROTECTION: The staff, facility, programs, kennels, lot, premises, and buildings maintained by the city for the implementation of the protection and care of animals.
ANIMAL PROTECTION OFFICER: A city of Gallup animal protection officer or supervisor.
BAIT ANIMAL: An animal used to train and/or condition other animals to fight and includes, but is not limited to, dogs, cats, and rabbits exposed to attack by other animals used or trained to be used in fighting or to make the attacking animal more confident and aggressive.
BITE: An actual puncture or tear of the skin inflicted by the teeth of an animal.
BONA FIDE ANIMAL SHOW: Includes events sanctioned by organizations such as the American Kennel Club (AKC) or North American Dog Agility Council (NADAC), generally organized by local clubs, and including conformation events or performance events such as obedience, agility, and tracking.
BREEDING: Permitting, either intentionally or unintentionally, a female dog or cat to produce offspring.
CANINE HYBRID:
A. Any canine which has or had a pure wolf or pure coyote as a parent or grandparent; or
B. An animal represented by its owner to an animal protection officer, law enforcement officer, or to a veterinarian to be the offspring, cross, mix, or hybrid of a wolf or coyote within the preceding two (2) generations.
CITY: The area within the jurisdictional boundaries of the city of Gallup, including privately owned land, excluding the area within the jurisdiction of the United States government or the state of New Mexico.
CITY MANAGER: The city manager of the city of Gallup or his designated representative(s).
CONFINEMENT: Detainment or isolation of an animal.
COUNCIL: The mayor and city councilors.
DANGEROUS ANIMAL: Any of the following:
A. An animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or another animal which is off the property of the owner of the animal in question.
B. An animal which, when unprovoked, injures a person in a manner which does not result in muscle tears or disfiguring lacerations, or require extensive corrective or cosmetic surgery.
C. An animal which, because of its poisonous sting or bite, would constitute a significant hazard to the public.
DESIGNEE OR DESIGNATED REPRESENTATIVE: The Animal Protection Supervisor or other appropriate staff.
ENCLOSED: A parcel of land completely surrounded at the perimeter by a wall or fence of sufficient height and strength to contain animals within, or by an electric or invisible fencing that has been approved by the City Manager.
ESTABLISHMENT: A place of business together with its grounds and equipment.
FINDER: A person that takes a stray animal into his/her possession.
FOWL: Turkeys, geese, ducks, guineas, chickens and all other domesticated fowl.
GROOMING PARLOR: An establishment or part thereof maintained for the purposes of performing cosmetological services for animals.
GUARD DOG: A dog that is used to protect a commercial property, but excludes a dog used exclusively to guard livestock.
HOBBY BREEDER SITE: A noncommercial animal facility or premises operated by a person involved in voluntary or involuntary breeding of dogs or cats and the resultant offspring are not sold for resale to commercial outlets or for the purpose of research, testing, or laboratory experimentation.
HOUSEHOLD: The collection of individuals, related or not, who reside at one street address.
KENNEL: A commercial establishment operating for intended profit where dogs or cats are boarded, kept, or maintained.
KENNEL AREA: A secure space within which an animal is housed that is of sufficient height and strength to contain the animal within and provide sufficient room for the animal to comfortably move around within the structure. This includes all area available to the animal during a twenty four (24) hour period.
LICENSED VETERINARIAN: An individual with a doctor of veterinary medicine degree who is licensed to practice in the State.
LIVESTOCK: Horses, cattle, pigs, sheep, goats, rabbits, fowl, or any other domestic animals typically used in the production of food, fiber, or other products or activities defined by the City Manager as agricultural.
LOT: A parcel or plot of ground with common ownership. To be one lot all the ground contained within said plot or parcel must be contiguous.
MULTIPLE ANIMAL SITE PERMIT: Permit issued to an individual/household who does not qualify as a shelter, refuge, professional animal establishment, or hobby breeder but who wishes to keep dogs or cats in excess of the maximum allowed under this title.
OWNER: A person eighteen (18) years of age or older or the parent or guardian of a person under eighteen (18) years of age who owns, harbors, keeps an animal, has one in his care, or permits an animal to remain on or about the premises owned or controlled by him.
PERMITTED PREMISES: The establishment, household, property or site for which a valid permit has been issued by the City for use as a kennel, grooming parlor, pet shop, refuge, shelter, hobby breeder site or multiple animal site.
PERSON: An individual, household, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.
PET SHOP: Any premises, or part thereof, open to the public which engages in the purchase, sale, exchange or hire of animals of any type, except the term shall not apply to premises used exclusively for the sale of livestock.
PREMISES: A parcel of land and the structures thereon.
PROFESSIONAL ANIMAL ESTABLISHMENT: Any kennel, grooming parlor, or pet shop, with the exception of State inspected veterinary hospitals and Federally inspected laboratory facilities and zoos.
QUALIFIED ASSISTANCE ANIMAL: An animal recognized as a service animal pursuant to the Americans With Disabilities Act of 1990 or the New Mexico Service Animal Act. A service animal is any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. Emotional support animals, comfort animals or therapy animals are not considered service animals and are not protected under the New Mexico Service Animal Act or the Americans With Disabilities Act.
QUARANTINE: Detention or isolation of an animal in order to observe for rabies or other communicable diseases.
REFUGE: An establishment owned or operated by a nonprofit organization whose sole function is to aid and comfort more than four (4) animals, and where animals are not bred.
RESCUE ANIMAL: Animals that are rescued by a bona fide humane society or other recognized rescue organization or by an individual who received prior written recognition by the City Manager to rescue and temporarily care for animals in order to place them into permanent homes.
RESIDENTIAL NEIGHBORHOOD: An area where at least ninety percent (90%) of the lots in the block containing the subject lot and the block facing the subject lot are single- or multi-family residences or vacant.
SHELTER: A nonprofit animal facility operated by an individual or group or member of a recognized animal humane association for the purpose of bringing aid and comfort to dogs or cats, and where animals are not bred.
SHOW ANIMAL: A dog or cat, which is registered with a recognized registry organization, or is a member of a breed which is not eligible to be registered if that breed has been approved by the City Manager and which is involved in bona fide animal shows.
STERILIZED: To be rendered permanently incapable of reproduction.
STRAY: A dog, canine hybrid or livestock found running at large.
SUPERVISOR: The Supervisor of the Animal Control Division.
TO RUN OR RUNNING AT LARGE: Any dog, canine hybrid or livestock free from physical restraint beyond the boundaries of the owner's premises.
TRAP, NEUTER AND RETURN (TNR): The practice of humanely trapping unowned cats, having them evaluated, vaccinated, sterilized and ear tipped by a veterinarian and returning them to the location where they were trapped.
TROLLEY: A cable strung between two (2) fixed and stable points, to which a dog on a tether is attached, allowing for freedom of movement.
VACCINATION: Protection provided against rabies by inoculation with a vaccine as required by New Mexico Statutes Annotated 1978, section 77-1-3 (1979).
VICIOUS ANIMAL: An animal which kills or seriously injures a person or domesticated animal resulting in muscle tears or disfiguring lacerations, requiring multiple sutures or extensive corrective or cosmetic surgery.
WEATHERPROOF ENCLOSURE: An enclosure designed to protect the animal against disagreeable or harmful atmospheric conditions, i.e., storm, rain, snow, etc. (Ord. 2012-10, 11-13-2012; amd. Ord. 2017-10, 12-12-2017; Ord. C2021-1, 5-11-2021)